This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0545c.RRS
DATE: 1/20/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 545 Service of Process
SPONSOR(S): Civil Justice & Property Rights Subcommittee, Beltran
TIED BILLS: IDEN./SIM. BILLS: SB 1062
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF
1) Civil Justice & Property Rights Subcommittee 16 Y, 0 N, As CS Mathews Jones
2) Regulatory Reform Subcommittee 17 Y, 0 N Brackett Anstead
3) Judiciary Committee
SUMMARY ANALYSIS
“Process” is used by a court or administrative body to acquire or exercise jurisdiction over a person or property.
Original process includes an original writ or summons issued by the court as the first step in a lawsuit and
includes a notice to the party being served regarding the time and date to appear before the court. Final
process is a writ of execution pursuant to a final judgment issued in the legal proceeding. The traditional and
preferred form of service of process on a competent adult is by personal delivery to that person.
In Florida, business entities are categorized differently, depending on how each business is created and
structured. The procedures for service of process on various types of business entities are not uniform under
current law. The required methodology for service of process differs for each business entity, including
partnerships, limited partnerships, limited liability companies, foreign corporations, and domestic corporations.
A business’ registered agent need be served first only if that business is an LLC. This may lead to confusion
and lack of actual notice to the intended party.
When a party is unable to personally serve an individual or a business entity’s representative, Florida law
allows service of process through substituted service on the Florida Secretary of State, either by personal
service or by certified mail.
CS/HB 545 makes uniform the method for serving process on business entities, by requiring each entity to
identify a registered agent for service of process. The bill expands s. 48.091, F.S., to specifically apply to
limited partnerships, limited liability limited partnerships, limited liability companies, and corporations. As such,
the bill requires each type of business entity to designate a registered agent and registered office for service of
process. The bill repeals the duty to work through the hierarchy of officers and prioritizes service of process on
a registered agent.
The bill makes other changes to current law to simplify and modernize service of process against business
entities and other specified individuals, including authorizing a court to permit service by email or other
electronic means in limited situations.
The bill is unlikely to have a significant fiscal impact on state and local government.
Except for two sections within the bill which are effective upon becoming law, the bill provides an effective date
of January 2, 2023.
STORAGE NAME: h0545c.RRS PAGE: 2
DATE: 1/20/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Judicial Service of Process
“Process” is used by a court or administrative body to acquire or exercise jurisdiction over a person or
property.
1
There are three primary types of process: original, mesne, and final process. Original
process includes an original writ or summons issued by the court as the first step in a lawsuit and
includes a notice to the party being served regarding the time and date to appear before the court.
Mesne process is an intermediate process issued between the original process and the final judgment.
Final process is a writ of execution pursuant to a final judgment issued in the subject legal proceeding.
Generally, service of process is made by:
Delivering a copy of the process to the person to be served; or
Leaving the process at the person’s usual place of abode
2
with any person residing there who is
fifteen years of age or older and informing that person of the contents of the process.
3
Service of Process on Business Entities
In Florida, business entities may be categorized differently depending on how each business entity is
created and structured. The procedures for service of process on various types of business entities are
not consistent under current law. Florida law recognizes the following types of business entities:
Partnerships, which are entities with two or more persons who co-own a business and share in
the profits and losses of the business.
4
Limited Partnerships, which are partnerships composed of both general and limited partners
where each partner may determine or limit his or her personal liability within the partnership; in
limited partnerships, limited partners are not responsible for the partnership’s actions, debts,
and obligations.
5
General Partnerships, which are partnerships where the rights and responsibilities are divided
equally among the partners and each partner may act on behalf of all the other partners.
6
Corporations, which are independent legal entities that exist separately from the people who
own, control, and manage them; the owners of the corporation have limited liability and the
corporation is considered to be its own, separate “person.”
7
Limited Liability Companies, which are similar to corporations in that they offer limited personal
liability, but do not have the same management requirements and obligatory formalities as a
corporation.
8
Sole Proprietorships, which are unincorporated businesses owned and operated by one
individual with no distinction between the business and the owner.
9
Partnerships
1
Black’s Law Dictionary 837 (6th ed. 1995).
2
“Usual place of abode” means the place where the party actually lives at the time of service of process. Shurman v. Atlantic Mortg. &
Inv. Corp., 795 So. 2d 952 (Fla. 2001).
3
S. 48.031(1)(a), F.S.
4
Florida Department of State, Types of Business Entities/Structures, https://dos.myflorida.com/sunbiz/start-
business/corporate-structure/ (last visited on Jan. 11, 2022).
5
Id.
6
Id.
7
Id.
8
Id.
9
Id. STORAGE NAME: h0545c.RRS PAGE: 3
DATE: 1/20/2022
Process against a partnership may be served on any partner and is valid as if served on each individual
partner.
10
If a partner is not available during regular business hours, he or she may designate an
employee to accept service on his or her behalf.
11
Service must first be attempted upon either a partner
or his or her designated employee during regular business hours.
12
Service against a limited partnership may be served on any general partner or on the designated agent
for service of process specified in the certificate of limited partnership.
13
If a general partner cannot be
found in Florida and service cannot be made on the agent because of failure to maintain such an agent
or adequately identify such agent, service of process may be made upon the Florida Secretary of State
as agent of the limited partnership.
14
Limited Liability Company (LLC)
Service of process against a foreign or domestic LLC must first be made on the LLC’s registered
agent.
15
If service cannot be made on the registered agent because the LLC has failed to identify such
an agent or because the LLC does not have a registered agent, process against the LLC may be
served on:
A member of a member-managed LLC;
A manager of a manager-managed LLC; or
An employee designated by the member or manager to accept service on behalf of the LLC.
16
After one attempt to serve the member, manager, or designated employee, process may be served on
the person in charge of the LLC during regular business hours.
17
If process is unable to be made after
reasonable diligence under the aforementioned methods, service of process may be made by service
on the Florida Secretary of State as agent of the LLC.
18
Business entities may sometimes have authority to convert from one form or entity to another, known
as conversion. Where the converting entity is a registered LLC and the converted entity is any form of
foreign entity that is not recognized in Florida, the entity must give the Florida Secretary of State a
mailing address that can be used if the entity is served by substitute service upon the Florida Secretary
of State.
In order to cancel its certificate of authority to transact business in Florida, a foreign LLC must, in part,
furnish the Florida Secretary of State with an address that can be used should the company be served
through substitute process through the Florida Secretary of State and must commit to keeping such
record address accurate and current.
Agents of Nonresidents Doing Business in Florida
For any partnership that engages in business in Florida but does not have a principal place of business
in Florida, process may be served on the person who is in charge of a business in which the defendant
is engaged within Florida at the time of service.
19
A copy of the process with a notice of such service
must be sent by registered mail or certified mail to the partnership, and an affidavit of compliance must
be filed with the court.
20
Corporations
10
S. 48.061(1), F.S.
11
Id.
12
Id.
13
S. 48.061(2), F.S.
14
Id.
15
S. 48.062(1), F.S.
16
S. 48.062(2), F.S.
17
S. 48.062(2)(c), F.S.
18
S. 48.062(3), F.S.
19
S. 48.071, F.S.
20
Id. STORAGE NAME: h0545c.RRS PAGE: 4
DATE: 1/20/2022
Service on a private corporation may be served on the president or vice president or other head of the
corporation.
21
In the absence of a president or vice president, service may be made on the cashier,
treasurer, secretary, or general manager.
22
In the absence of a president, vice president, cashier,
treasurer, secretary, or general manager, service may be made upon any director of the corporation.
23
If no such person or director is available, service may be made on any officer or business agent
residing in Florida.
24
Alternatively, process may be served on the corporation’s registered agent as designated by the
corporation.
25
Each Florida corporation and foreign corporation qualified to do business in Florida must
designate a registered agent in compliance with ch. 607, F.S.
26
In order to cancel its certificate of authority to transact business in Florida, a foreign corporation must,
in part, furnish the Florida Secretary of State with an address that can be used should the corporation
be served through substitute process through the Florida Secretary of State and must commit to
keeping such record address accurate and current.
Lack of Uniformity
Currently, there is not a uniform method for effectuating service on each type of business entity in
Florida. For example, a party is only required to first serve a registered agent when the entity being
served is a LLC.
27
Substituted Service
The Florida Secretary of State, as head of the Florida Department of State, is involved in many aspects
of service of process. The Division of Corporations, housed within the Department of State, accepts
business entity registrations and renewals, and maintains a publicly-accessible record of every entity,
listing a registered agent and the names of the various officers, leaders, and managers in the entity. In
some scenarios involving nonresident business entities, Florida law allows service of process through
substituted service on the Florida Secretary of State when a party is unable to personally serve the
individual or the business entity’s representative.
28
Substituted service on the Secretary of State is
effectuated by either hand delivery or by certified mail addressed to the Secretary of State, together
with a fee of $8.75. A copy of the process must be sent to the individual or entity at the last known
address by certified or registered mail.
29
Case law interpreting the statute requires that a party using
substituted service on the Secretary of State make an honest and conscientious effort, in addition to the
mailing, to provide the defendant with actual notice of the lawsuit,
30
which may be noticed through a
known email.
31
Service of Notice of Intent to Initiate Litigation for Medical Negligence
21
S. 48.081(1), F.S.
22
Id.
23
Id.
24
Id.
25
S. 48.081(3), F.S.
26
S. 48.091(1), F.S.
27
S. 48.062(1), F.S.
28
S. 48.161, F.S.; S. 48.181, F.S.
29
S. 48.161, F.S.
30
All Mobile Video v. Whitener, 773 So. 2d 587, 589-90 (Fla. 1st DCA 2000) (plaintiff knew telephone and fax number of
defendant company but did not call or fax for new address when mailed copy of process was returned).
31
Crystal Springs Partners, Ltd. v. Michael R. Band, P.A., 132 So. 3d 1230 (Fla 3rd DCA 2014) (law firm plaintiff knew
former client’s email address and should have emailed copy of process in addition to mailing). STORAGE NAME: h0545c.RRS PAGE: 5
DATE: 1/20/2022
Florida law requires a claimant to notify each prospective defendant of his or her intent to initiate
litigation for medical negligence. Such notice may only be made by certified mail, return receipt
requested.
32
Effect of Proposed Changes
Judicial Service of Process on Business Entities
CS/HB 545 makes uniform the methods for serving process on business entities by requiring each
business entity to designate a registered agent to accept service of process.
The bill expands s. 48.091, F.S., to specifically apply to limited partnerships, limited liability limited
partnerships, and limited liability companies as well as corporations. As such, under the bill, each type
of business entity is required to designate a registered agent and registered office for service of
process. The bill adds all forms of business entities to the statute governing registered agents and
prioritizes service of process upon the registered agent. The bill codifies the duty of a registered agent
to promptly forward the process and any related documents to the responsible person within the
business entity. Under the bill, when an agent of a nonresident doing business in Florida is served on
behalf of the nonresident, the process served is as valid as if it was served personally on the
nonresident. However, a copy of such process must be sent to the nonresident person or business and
may be sent by certified mail, registered mail, or by a commercial firm regularly engaged in the
business of document or package delivery. The party seeking to serve the nonresident is responsible
for filing an affidavit of service of such with the court.
Cancellation of Certificates of Authority and Conversion
The bill adds a requirement that a business which cancels its certificate of authority to transact
business in Florida must provide an email address along with the required mailing address to the state.
Further, the bill requires any business converting from one entity to another to provide an email
address along with the other requirements to the state.
Substituted Service
The bill modernizes substituted service upon the Florida Secretary of State, allowing such service to
the Secretary electronically or via a commercial courier service such as UPS or Federal Express. When
using substituted service on the Secretary of State, the bill:
Allows the Secretary of State to agree to receive service of process electronically.
Repeals the $8.75 fee payable to the Secretary of State.
Expands the options for delivery by adding the option to use a commercial firm regularly
engaged in the business of document or package delivery as an alternative to mailing.
Requires that the party send a copy by email or other electronic means if the parties have
recently and regularly used any of those means of communication.
Requires that the party send a copy by mail or commercial delivery of the process to the last
known address of the party being served.
Requires the party to file with the court proof of delivery from the post office or commercial
service, unless the party being served is actively refusing or rejecting delivery.
Requires the party to file an affidavit showing due diligence in the search for the party being
served and the need for substituted service, together with any return receipt or other proof of
mailing or delivery, within 40 days after delivery to the Secretary of State. The court may extend
the 40 days.
Establishes that the date of service of substituted process is the date of delivery to the
Secretary of State. The Secretary of State must maintain a record of each process delivered.
The bill also defines the due diligence necessary before resorting to substituted service on a natural
person as:
32
S. 766.106(2), F.S. STORAGE NAME: h0545c.RRS PAGE: 6
DATE: 1/20/2022
Diligent inquiry and an honest and conscientious effort appropriate to the circumstances to
acquire the information necessary to effectuate personal service;
Reasonable use of the knowledge at the party’s command, including knowledge obtained by the
diligent inquiry; and
An appropriate number of attempts to serve the party, taking into account the particular
circumstances.
In making the determination as to whether the party effectuating service on a natural person used due
diligence, the bill creates a rebuttable presumption that the serving party exercised due diligence by
making three good faith attempts to serve the other party at each location where and during the hours
when such party is likely to be found, using reasonably available resources to the party seeking to
secure service of process.
The bill authorizes substituted service on the Secretary of State for nonresidents and foreign business
entities doing business in Florida or an individual or business concealing its whereabouts. Under the
bill, any individual or foreign business concealing its whereabouts is deemed to have appointed the
Secretary of State as its agent on whom service of process may be made.
Proof of Return Service
For personal service made on an individual or party in another state or territory within the United
States, a return-of-service form must be filed with the court. The return-of-service form, or any other
competent evidence, must include the time, manner, and place of service.
Service in Foreign Countries
The bill creates s. 48.197, F.S., providing requirements for the service of process on a party in a foreign
country. Service may be made on a party in a foreign country by any internationally agreed upon
means of service whereby actual notice of the proceedings is provided. If there is no internationally
agreed upon means of service, service may be made as permitted by the foreign country’s law for
service or as the foreign country directs in response to a letter rogatory or letter of request. Additionally,
unless specifically prohibited by the laws of the foreign country, service may be made by delivering a
copy of the summons and complaint to the individual or by using any type of mail which the clerk
addresses and sends to the party and requires a signed receipt. Service in a foreign country may also
be made pursuant to motion and order of the court by alternative means, including electronically by
email or other technology.
Service upon a minor or an incompetent person in a foreign country may be made as prescribed by the
foreign country’s law for service in that country, as the foreign country directs in response to a letter
rogatory or letter of request, or pursuant to motion and order of the court by alternative means.
Service by Alternative Means
The bill creates s. 48.102, F.S., which allows the court to authorize service via email or other electronic
means, by a person authorized to serve process or by an attorney, in limited cases where traditional
methods have been unsuccessful. After the serving party has shown reasonable diligence to locate and
effectuate personal service of process on a business entity, the court may authorize service in any
other manner that the party seeking to effectuate service shows will be reasonably effective.
Service of Notice of Intent to Initiate Litigation for Medical Negligence
The bill expands the methods by which a claimant may serve notice of intent to initiate medical
negligence litigation. A claimant may provide such notice by any of the following:
United States Postal Service (USPS) certified mail, return receipt requested; STORAGE NAME: h0545c.RRS PAGE: 7
DATE: 1/20/2022
USPS mail with a tracking number;
An interstate, commercial mail carrier or delivery service; or,
A person authorized by law to serve process.
The bill also specifies that delivery to an address on file with the Department of Health, the Secretary of
State, or the Agency for Health Care Administration creates a rebuttable presumption that service of the
presuit notice was made. If the question of proper service is made, the court must conduct an
evidentiary hearing. If service is challenged it must be challenged in the first response to the complaint.
If the court determines that service was properly made and the prospective defendant proves by the
greater weight of the evidence that neither they nor a person legally related to the prospective
defendant knew or should have known of the service, the court must stay the case for a presuit period
pursuant to s. 766.106, F.S. In such situation, the statute of limitations and statute of repose are tolled
from the time service was properly made at the prospective defendant’s address until the conclusion of
the presuit period.
Constructive Service by Publication
The bill amends s. 49.011, F.S., to expand the cases in which service of process by publication is
permitted. The bill authorizes constructive service by publication in a paternity case upon the legal
mother when there is no legal father established.
Service of Process on Unknown Parties in Possession
The bill creates s. 48.184, F.S., which applies only to actions governed by s. 82.03, s. 83.21, s. 83.59,
or s. 723.061, F.S., and only to the extent that those actions seek the removal of unknown parties in
possession of real property. The bill permits a landowner or landlord to serve a summons for the
removal of persons wrongfully occupying his or her property when such identities are unknown to the
landowner or landlord. The bill allows a summons to be issued for “Unknown Parties in Possession”
when filing an eviction or detainer action rather than having to identify the party in question or
identifying the parties as “John Doe” and “Jane Doe.” The clerk of court is required to issue a summons
in the name of “Unknown Party in Possession.” The property owner must make three attempts at
service, one during business hours, one during nonbusiness hours, and one on a weekend.
33
On each
attempt the process server must inquire as to the name of the unknown occupant. The property owner
must have a copy of the process mailed by the clerk of court to the unknown party in possession at the
property address and must post a copy of the process conspicuously on the property. The date of
service for purposes of calculating the deadline for a defendant to file an answer is the later of the date
of personal service, the date of posting on the property, or the date the clerk mails the process. If the
inquiry discovers the name of the unknown person in possession, the person must be named in the
pleadings. If the name is not known and the legal requirements of eviction are met, the clerk may issue
a writ of possession against an unknown person and the sheriff may remove any person in the
property.
Effective Date
The bill provides an effective date of January 2, 2023, except for the following two provisions, which are
effective upon the bill becoming law:
Section 16, which amends s. 766.106, F.S., service of notice of intent to initiate litigation for
medical negligence.
Section 35, which establishes the effective date of the bill.
B. SECTION DIRECTORY:
Section 1: Amends s. 15.16, F.S., relating to reproduction of records; admissibility in evidence;
electronic receipt and transmission of records; certification; acknowledgement.
33
In general, service of process may not be made on a Sunday. Section 48.20, F.S. STORAGE NAME: h0545c.RRS PAGE: 8
DATE: 1/20/2022
Section 2: Amends s. 48.061, F.S., relating to service on partnerships, limited liability partnerships,
and limited partnerships.
Section 3: Amends s. 48.062, F.S., relating to service on a domestic limited liability company or
registered foreign limited liability company.
Section 4: Amends s. 48.071, F.S., relating to service on agents of nonresidents doing business in
the state.
Section 5: Amends s. 48.081, F.S., relating to service on a domestic corporation or registered
foreign corporation.
Section 6: Amends s. 48.091, F.S., relating to partnerships, corporations, and limited liability
companies; designation of registered agent and registered office.
Section 7: Amends s. 48.101, F.S., relating to service on dissolved corporations, dissolved limited
liability companies, dissolved limited partnerships, and dissolved limited liability
partnerships.
Section 8: Creates s. 48.102, F.S., relating to service by other means.
Section 9: Amends s. 48.151, F.S., relating to service on statutory agents for certain persons.
Section 10: Amends s. 48.161, F.S., relating to method of substituted service on nonresident.
Section 11: Amends s. 48.181, F.S., relating to substituted service on nonresidents and foreign
business entities engaging in business in state or concealing their whereabouts.
Section 12: Amends s. 48.194, F.S., relating to personal service in another state, territory, or
commonwealth of the United States.
Section 13: Creates s. 48.197, F.S., relating to service in a foreign country.
Section 14: Amends s. 49.011,F.S., relating to service of process by publication.
Section 15: Creates s. 48.184, F.S., relating to service of process for removal of unknown parties in
possession.
Section 16: Amends s. 766.106, F.S., relating to notice before filing action for medical negligence;
presuit screening period; offers for admission of liability and for arbitration; informal
discovery; review.
Section 17: Amends s. 495.145, F.S., relating to forum for actions regarding registration.
Section 18: Amends s. 605.0117, F.S., relating to serving process, giving notice, or making a
demand.
Section 19: Amends s. 605.09091, F.S., relating to judicial review of denial reinstatement.
Section 20: Amends s. 605.0910, F.S., relating to withdrawal and cancellation of certificate of
authority.
Section 21: Amends s. 605.1045, F.S., relating to articles of conversion.
Section 22: Amends s. 607.0504, F.S., relating to serving process, giving notice, or making a
demand on a corporation.
Section 23: Amends s. 607.1423, F.S., relating to judicial review of denial of reinstatement. STORAGE NAME: h0545c.RRS PAGE: 9
DATE: 1/20/2022
Section 24: Amends s. 607.15101, F.S., relating to serving process, giving notice, or making a
demand on a foreign corporation.
Section 25: Amends s. 607.1520, F.S., relating to withdrawal and cancellation of certificate of
authority.
Section 26: Amends s. 617.0504, F.S., relating to serving process, giving notice, or making a
demand on a corporation.
Section 27: Amends s. 617.1510, F.S., relating to serving process, giving notice, or making a
demand on a foreign corporation.
Section 28: Amends s. 617.1520, F.S., relating to withdrawal of foreign corporation.
Section 29: Amends s. 620.1117, F.S., relating to serving process, giving notice, or making a
demand on a limited partnership or a foreign limited partnership.
Section 30: Amends s. 620.1907, F.S., relating to cancellation of certificate of authority; effect of
failure to have certificate.
Section 31: Amends s. 620.2105, F.S., relating to effect of conversion.
Section 32: Amends s. 620.2109, F.S., relating to effect of merger.
Section 33: Amends s. 620.8915, F.S., relating to effect of conversion.
Section 34: Amends s. 620.8919, F.S., relating to effect of merger.
Section 35: Provides an effective date of January 2, 2023, for all sections of the bill except two.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may lower litigation costs for plaintiffs and defendants by streamlining service of process and
authorizing additional methods of service such as electronic service, courier service, or interstate
delivery services.
D. FISCAL COMMENTS:
None. STORAGE NAME: h0545c.RRS PAGE: 10
DATE: 1/20/2022
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
Notice which is “reasonably calculated, under all the circumstances, to apprise interested persons of
the pendency of an action and afford them an opportunity to present their objections,” is a
fundamental requirement of due process under the Fourteenth Amendment to the United States
Constitution.
34
Service of process is necessary to satisfy the due process requirement and alert the
defendant that an action has been commenced against him or her and warn him or her that he or
she must appear at a certain time and place to offer any defenses he or she may have.
35
The Real Property, Probate, and Trust Law Section of the Florida Bar (RPPTL) alleges that this
change will give clear notice to an unknown person occupying a dwelling that an eviction or wrongful
detainer action has been initiated against them. RPPTL asserts that posting the summons and
complaint on the property and mailing copies to the address of the unknown occupants is a more
targeted method of giving unknown occupants constructive notice, and is more likely to provide the
occupants actual notice of the action than service by publication would. As such, RPPTL argues that
this proposed form of service on “unknown occupants,” is more likely to withstand constitutional
scrutiny than publication, which is the only existing alternative.
36
Additionally, RPPTL believes that because an action for possession of property is an in rem or quasi
in rem proceeding, no personal jurisdiction is required, and the proposed service of process
procedure for unknown parties should not run afoul of any due process rights.
37
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 13, 2022, the Civil Justice and Property Rights Subcommittee adopted one strike-all
amendment and reported the bill favorably as a committee substitute. The committee substitute:
Removes the term social media from the sections on service by alternative means.
Limits the criteria for due diligence to only apply to service of process on an individual or natural
person.
Adds a duty of a foreign corporation to keep an updated email address on file with the Florida
Secretary of State.
34
Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950).
35
Abbate v. Provident Nat’l Bank, 631 So. 2d 312, 313 (Fla. 5th DCA 1994).
36
Real Estate Leasing Committee of the Real Property, Probate, and Trust Law Section of the Florida Bar, White Paper
on Service of Process on Unknown Parties in Possession (2022).
37
Id. See McDaniel v. McElvy, 108 So. 820, 830-31 (Fla. 1926); Hinton v. Gold, 813 So. 2d 1057, 1059 (Fla. 4th DCA
2002). STORAGE NAME: h0545c.RRS PAGE: 11
DATE: 1/20/2022
Clarifies that a process server delivering a presuit notice of intent to file a medical negligence
action does not need to be a “certified process server.”
Clarifies that alternative means of service by email or other technology may be made by any
person authorized to serve process or by an attorney.
Requires that, for personal service in another territory or commonwealth of the U.S., a return of
service form be filed with the court stating the time, manner, and place of service.
Provides that, in medical negligence litigation cases, when the notice of intent to initiate litigation
is served by a process server, the statute of limitations is tolled upon the process server’s first
attempt to serve the prospective defendant and continues during the 90-day period to all
prospective defendants.
Clarifies that in the section regarding medical negligence litigation, the terms prospective and
potential are used interchangeably and have the same meaning.
In paternity cases, provides for constructive service by publication against a legal mother when
there is no legal father established.
This analysis is drafted to the committee substitute as passed by the Civil Justice and Property Rights
Subcommittee.